Judge Hears City’s Motion to Dismiss CSA Lawsuit

On November 14th, in Middlessex Superior Court, Judge Maureen Hogan heard the City’s motion to dismiss the Cambridge Streets for All (CSA), et.al. lawsuit filed in June. After listening to both sides, and in conjunction with papers already filed, the judge took the matter under advisement. There is no timeline for a decision.

We have persisted with this case because it underscores a basic democratic right for residents to appeal decisions of the Traffic Director as stated in the Acts of 1961. This right has been denied citizens, a right now affirmed by the City as they recruit new members to the Traffic Board and seek to reactivate it.

The creation of the Traffic Board by the Acts of 1961 and embedded in the City’s Traffic Regulations gives the right of review by an independent body, namely a Traffic Board of three citizens and providing citizens the democratic right to appeal decisions of the Traffic Director.

 Residents and businesses concern and lack of their prior knowledge of the reconfiguring of the city’s streets highlights the urgent need to have a well-functioning Traffic Board. This legal action might not have been necessary if the Traffic Board was in place and able to perform both its oversight and appeal functions.

 The City Attorney argued that there was no reason for the Court to proceed since the Plaintiffs have absolutely no say if the City decides to take away all parking or make any modification to the roadway; there was no violation of the Special Acts and that even if the factual allegations of the Plaintiffs are taken as true, that they still have no case.

 Attorney for the Plaintiffs responded that the Special Acts are binding on the City.  As per Act 455 of 1961, the responsibility for the roadways is vested solely in the Traffic Department Director, not City Council, and there is an absolute right to appeal the Traffic Director’s decision via petition of 50 or more resident voters to the Traffic Appeals Board.    

 With your financial support, we can continue our legal action which benefits everyone by restoring your right of appeal. Please support our efforts and make a tax-exempt donation today here.